Legal Opinion

Wood v. Wood

New York Supreme Court

Decided January 5, 1858PublishedCited by 20 opinions

APPEAL from a judgment entered at a special term, upon the report of a referee. The plaintiff and Jacob Wo,off were partners in business, at Ithaca. By an agreement, dated April 10, 1840, the partnership was dissolved.

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APPEAL from a judgment entered at a special term, upon the report of a referee. The plaintiff and Jacob Wo,off were partners in business, at Ithaca. By an agreement, dated April 10, 1840, the partnership was dissolved. That agreement, after providing that Jacob Wood was to have certain promissory notes and claims, amounting in all to $1613, and the bark mill, leather, and tools at the tan-yard, horses and neat stock, wagons, harness and farming utensils, and pew in church, it further provided, that the goods in store should be divided equally between the parties. It next recited that D. T.…

1Opinion of the CourtBalcom, J.

The plaintiff brought this action as a creditor of Jacob Wood deceased, who died on the 18th day of May, 1842, leaving a last will and testament, by which the real estate, described in the complaint, was devised to the defendants in fee, as tenants in common. The defendants are the children and only heirs at law of Jacob Wood deceased. They would own the land described in the complaint in fee, as his heirs at law, if Wood had died intestate“ and they can claim title to it in fee as- devisees under his will.

The complaint seems to have been framed under the belief that the plaintiff was…

2Cases cited10 opinions

  1. Elwood v. DeifendorfNew York Supreme Court · 1848
  2. Lawrence v. Trustees of Leake & Watts Orphan HouseNew York Supreme Court · 1845
  3. Rogers v. RogersNew York Court of Chancery · 1828
  4. Butts & Havens v. GenungNew York Court of Chancery · 1835
  5. Dodge v. ManningNew York Court of Chancery · 1844

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3Cited by20 opinions

  1. Brown v. . KnappNew York Court of Appeals · 1879
  2. Hauselt v. . PattersonNew York Court of Appeals · 1891
  3. Williams v. NicholSupreme Court of Arkansas · 1886
  4. Stilwell v. . SwarthoutNew York Court of Appeals · 1880
  5. Mortimer v. ChambersNew York Supreme Court · 1892

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